Criminal juridical interest and proporcionality
In its modern conception, the constitutional principle of proportionality must also be applied as a method of state control over the choice of behaviors to be defined in law as crimes. Starting from an evaluative perspective of the interests protected by the legal framework, under the principle of m...
| Principais autores: | , , |
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| Formato: | Online |
| Idioma: | Português |
| Publicado em: |
TJDFT
2022
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| Assuntos: | |
| Acesso em linha: | https://revistajuridica.tjdft.jus.br/rdj/article/view/770 |
| Resumo: | In its modern conception, the constitutional principle of proportionality must also be applied as a method of state control over the choice of behaviors to be defined in law as crimes. Starting from an evaluative perspective of the interests protected by the legal framework, under the principle of minimum intervention and criteria of necessity, appropriateness and proportionality in the strict sense, it’s possible to rationally determine the constitutionality of conduct criminalization. This article aims to draw a parallel between the guiding principles for the creation of criminal types and the constitutional parameters for the restriction of fundamental rights. The research had a qualitative nature, and was elaborated through deductive approach, direct and indirect bibliographic and documentary research techniques, with the analysis of primary and secondary sources. It was concluded that the traditional restrictive postulates of criminal law – exclusive protection of legal interests and minimal intervention – are corollaries of the principle of proportionality, requiring the legislator to observe the same criteria when creating incriminating penal rules. |
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| ISSN: | 2675-9640 |
| DOI: | 10.22477/rdj.v113i00.770 |